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HomeMy WebLinkAboutContract 21723 A BY Cl'� T N t�irO'? 10 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF ARLPTIGTON AND FORT WORTH AND TARRANT COUNTY This Interlocal.Agreement is between the City of Arlington,the City of Fort Worth and the County of Tarrant,hereinafter referred to as "the Parties". WHEREAS, the Texas State Legisleture has authorized the formulation of interlocai cooperation agreements between and among governmental entities; and WHEREAS, the Governor of thfr State of Texas has established a single workforce development area(VVDA) cc-ve-'.ng all of Tarrant County; and WHEREAS, the governing bodies of each Party find that the project is necessai-y for the benefit of the public in order to facilitate the provision of workforce development programs, and that each Party has legal authority to provide the governmental function which is the subject matter of this Agreement; and WHEREAS, the governing bodies of each Party find that in the payment of any governmenval function or service performed pursuant to this Agreement the paying party must make those payments from current revenues available to the paying party; and WHEREAS, the governing bodies find that the performance of the Agreement eement is in the common interest of the Parties;14OW 7 HEREFORE, FOR AND IN CONSIDERATION of the mutual covenaitts set out herein,the Parties hereto agree as follows: The purpose of this Agreement is to establish a unified workforce development system duoughout Tarrant County, including all cities within Tarrant County. This Agreement also establishes the Workforce Governing Board(WGB) which shall act upon workforce development issues for the Parties. Ibis Agreement shall commence on the last date of signature hereto and shall be for a term of one year. The Agreement shall renew;for each succeeding year unless terminated in,accor(L-mce with this paragraph or otherwise by Texas law. Any of the Parties may terminate this Agreement by giving advance written notice to each of the other Parties on or before January I of the year in which termination is to occur. Termination shall be effective June 30. Page 1 of 6 Pages i&AL RICO t IT. WORN, T1 "his Agreement may be amencted at any time by written agreement signed by the Parties. MLQFZF RC QCZ 'I IN ',BO $L? A. Pursuant to the provisions of Chapters 791 and 2308 of the Texas Government Code, as amended,the Parties hereby create on administrative agency to oversee workforce development issues to be known as the "Workforce Governing Board" (WGB). B. The WG2 shall have all of the powers,express or implied, authorized by Chapters 791 and 2308, Tex. Gov't Code, and by this Agrcenient. C. The WGB shall not become a provider of workforce development services funded by state or federal workforce development grants. The Three Parties may individually become a providei of workforce development services if selected and approved for f uadin1g. D. The WGB shall consist of one representative chosen by each of the three Parties. The representative so chosen shall be the chief elected official for that local government.The govenung body may designate an alternate to serve at any meeting of WGB with the full power to act on behalf of its representative. The Chair of the local workforce development board (LWDB) shall be an ex-officio, non-voting the he inform member of the WGB. It shall be the responsibility of the LWDI.3 Chair o i nf WGB of all iss-v�s and decisions considered by the LWDB. The LWDB,Chair shall, in turn, inform the LI.VDI) of WGB issues and decisions. E The WGB shall annually elect a Ch,�dr from its voting members to act as the WDA's chief elected official,as required by state or federal legislat',U.n,rules or regulations. Voting members of WGB shall serve on this board without additional compensation. F. The WGB shall meet at least quarterly and at such other times as are necessary to ensure the implerrientation of this Agreement. Meetings may be called either by the WGB Chair or by a quoruni of the WGB. G. -Ile WGB shall regularly inform other local elected officials in the WDA of all local workforce development activities. H. 1-he WGB may employ staff to perform duties required by law. Sucl-i employees shall not become employees of any of the Parties to this Agreement by virtue of this employment. WGB may take tide to personal and real property, The WGB shall also comply with all state and federal rules and regulations. Pape 3 ,,)f IS Pages 1. Decisions of the WGB shall be by majority vote at meetings dviing which a aut,z un is presena. .1, A.quorum shall consist of three voting WGB members.However, if any orre of the three voting WGB members, or th :ir designated alt-mate, is absent for any two consecutive .meetings of WGB, them the quorums shall become two voting .VGB members until rescinded by a majority vote of the MTGB. K. Meetings of the WGB shall comply with all applicable Texas statutes, including;the Chapters 551 and 552 of the Texas Government Codc. The WGB shall adopt and follow its own bylaws or, if bylaws are ambiguot:s or unadopted, the WGB shall follow the most recent edition of Roberts Rules of Order as of the etTective date of this?agreement. V. J:.() _W_D_Rh'LQ X_DJ.VII:QpIMEhIJ3_ D A. Worldorce development activities shall also be overseen by a local workforce development board (..)WDB)including the IbIlowing representatives: I. vocational rehabilitation; 2. economic development; S, or anized labor; 4. coinrnunity based organizations; 5. secondary education; 6. port-secondary education(including adult basic and continuing education); 7. child care provision; g. the public ernpl yment service; 9. public assistance; 10. local literacy councils; and 11. private-for-profit business. The majority of members, including the LWOB Chair, shall represent the private- for-profit sector. 4ny additional ,groups or other representation requirements added by state or federal statutes,rules or regulations shall also be included. B. The initial size of the LWDB shall be 25, 12 of whoa: small represent the various public and non-profit sector;; listed in pa,Tag raph "A" above, and t1:e remainder of whom shall work in and shall represent the private for profii sector. C. The L WDB shall be norninated and appointed in accordance with and shall perform all functions required by applicable federal and suite statutes, policies and procedures. The duties of the L;S' B are further set forth w ?.Ile agreement between the L W7DB and the WGB. 13agC I of , PF 4 D. The twelve LWDB members representing the public and non-profit stvors listed in Paragrwph V. A.shall be appointed by,the chief elected officials for the Pa tics to tWs Agreement. Nominitions.for LWDB publ.11 and non-protit sector positions shall be solicited from constituent organizations and must be appointed by unanimous vote of the WGB. E. Two private sector representatives shall be appointed to the LWDB from nominations, made by minority Chambers of Corrmierce, and one private sector revresentativ,z: shall be appointed from nominations made by the Mayors Council. Appointments to these three positions shall also be made by unanimous vote of the chief elected officia'13 for the Parties to this Agreement. F. The remaiaing ten private sector members shall be appointed by the chief elected officials from nominations made by ►lie governing bodies of the Pailies ir, iougli proportion to their respective POPLIations. A chart showing LWDB membership, nornina�don responsibPity, and initial terms of office for all LWDB board members is appended to this Agreement as Attachment "A" and is incorporated herein by reference. G. Subsequent tears shall be for three years. H. LWDB vacancies shall be filled in accordance with the above procedures for initial appointments. Vacancies occurring pric-to the end of a given '­rm Fhall be refilled for the remainder of that term. 1'. If an LWDB member changes employment, the member shall notify the LWD3 ir, writing. If the change in employment results in that member not representing the public or private area from which the member was appointed,their appointment shall lapse sixty(60)calendar days after not fication of intent to reappoint is delivered tc that member by the LWDB Chair of any WGB member. The individual member may appeal the intent to reappoint to the WGB d,.w.ng that sixty (60)day period. A majority vote of the WGB on any appeal shall be final. V1. &ESQUJIMALUXAMN Resources shall be allocated equitably based upon need with consideration to include, but not linifted to population,poverty, and unemployment and fund source requirements. V11. jr Ii Any WGB liabilities shall `,,-;_-covered as follows: Page 4 of 6 Pages A, First Priority: recover fundE, from the service provider(s) incusing the,iability; B. Second Priority: recover funds frown an insurance carrier or bond issuer; C. Third Priority: cover liabilities from available WGB or L'*7DB hands to the extent allowed by law; and, D. Fourth Priority: to the extent allowed by law allocate liability equally to the three Parties. The tarec Pad--s shall, to the extent allowed by law, be the source of the last resort for uncovered WOB liabilities. Vill. RE A E This Agreement represents the entire agreement of the Parties. Any supplemental agreements wtust be evidenced in writing,approved and executed in the same manner as this Agreement. Ix. SLYIERADILI-T—Y Should any part of this Agreement be invalidated or otherwise reiidered null and void, the remainder of this Agreement shall remain in full force and effect. . _ 11E W-A 1 LQN- By adopting this Agrec—ment, the Parties also accept and agree to the state required certification appended 1410 this Agreement as Attachmers 'B" and incorporated herein by reference. X1. AMCNMEEI No Party may assign, sublet, subcontract or transfer any interest in this Agreement without the written convent of the other Parties. x1i. 0 By entering into this Agreement,the Parties do not create any obligations,express cr implied, other than those set forth herein, and this Agreemenc shall not create any fights In parties not signatories hereto. Xill. �'Alvfl=NK'- It is expressly understood and agreed that in the execution of this Agreement,that the Parties, either individually or jointly,do not waive, nor shall they lbe deemed to waive,any immunity Page 5 of 6 Pages or defense diat would otherwise be availdble to each against claiins arising in the exerci:§e of governmental powers and functions. XIV. A1JTH V The undersigned officers are]properly authorized to execute,this Agreement on behalf of the Parties,and each Party certifies to the otheis that any necessary resolutions extending such authority have beer-duly passed and are now in full force and effect. lr Executed by the individual parties on the dates of their respective signatures. CITY F ARLINGTONTEXAS CITY OFORT W"TwrEXAS By:— B RICHARD E. GREENE, Mayor J Wel"Moods,Mayor Pro fern. ATTEST: CINDY , City Si etary Ramon Guajardo.,assistant City Manager Date! j­­ A-A7­7 4 Approved As to Form- Approved a-,to Toren and Legality: JAY DOEGEY, City Attorney BY Fort Worth Assistant Attorney COUNTY OF TARRANT,TEXtkS �_ ! Approved as to Form: C O.uity Judge /77 610 A41 As-7ir,tant�*nal District Attorney Page 6 of 6 Pages C r I z,i' r n Ar!'I'AC,VU,4ENT `A' AREA NPUMBER APPOINTING AUTHCRI FNO CA REPRESENTED OFREPS. __.._ ._..�_._ INITIAL TERM m Private Sector Minorit9, Chamber _ of Corrmerco _ � WG@ Consensus______. 711/98 Minority Chambir of Commerce WG@ Consensus 7/1/99 Mayor's Council � WG@ Consensus _ _ 7/1/00 City of Arl:rigt6n City of Arlington, chief elected official 711!9.S City of Arlington City of Arlington, chief elected official � 7/1/00 City of Fort Worth City of Fort Worth, chief elected official 7/1/98 City of Fort Worth - City of Fort Worth, chief elected official 7/1/99 City of fort Werth City of Fort Worth, chief elected official 7/1/00 -- City of Fort Worth ____ City of Fort Worth, chief elected official 1 7/1199 Tarrant County Tarrant County, chief elected official 1 711/98 Tarrant County Tarrant County, r.F°�ief elected official 7/1/_99_ Tar-ant County Tarrant County, chiet elected official _ 711/06 Tarrant County Tarrant County, chief elected official 7/1/99 Public: and Non- Profit Sectors 12 vocational rehabilitation w 7/1198 economic developl ent G 7!1/99 organized labor 7!1100 organized !labor @ 7/1/98 community based organizations 7/1/99 community based organizations C 7/1/00 secondary l education � N 7/1/98 post secondary a education 7/1JJ9 child care _ � 7/1/00 public employment — servi:•e U 7/1198 public; assistance � 5 7/1/99 _._. Lliteracy counc:is rt 7/1/00 INTI;RLOCAL A ft12 EEMENT A rTACHMENT "B" CERTIFICATION We, the chief elected officials of the Fort Worth/j'arrant Cc- .iyy 'Workforce DevP l op rn nt Area, acknowledge that the following are responsibilities and requirements pursuant to the folmativn of local workforce development boards: (I) The local workforce development board will assume the responsibilities for the following committees and councils that will be replaced by the board unless othemTise provided ir. ax-t. 5190.7a. §4.01(h) V.T'.C.S.. as amended: private industry council, duality workforce planning committee, 1 -.job service employer con-Lmittee, and local general vocational program advisory committee. (II) At least one career de:-elopment center must be established within 180 days of the effective date of board certification; (III) The board must have its own independent staff and not be a provider of workforce services, unless the board secures a waiver of these provisions; (IV) I't1e chief elected officials must craer into a partnership agreement with the board to designate a.grant recipient to receive and be aceouniabld for block grant funds, and be liable for a:iy misuse of funds: (V) The partnership agreemerst must also speciry the entity that will adml nist€;r the Programs, which iray be separate from the entity that receives the €iy.nds fiom the state; (VI) The partnership agreement must dune the process through which the ],)cal boards and chief elected off cials will develop the strategic and operational plans required by the le islation in order to receive block grant funds; and (VII) Thr local plan must be reviewed by bah the Commission and the Council on Workfo ce and Economic Competitiveness,and approved by the Governor before block grants will be available to the loc.-..i area. ro 9�' r or Texas Mayor .and Council. Commun, ication WIFERENCE NUMBER LOG NAME PAGE 0?/20ift 02WORK 1 of 2 3neaRcT IIITERLOCAL AGREEMENT BETWEEN THE CGTIES OF FORT WORTH AND ARLINGTON AND TARRANT COUNTY ESTABLISHING A WORKFORCE DEVELOPMENT AREA, A ' LOCAL WORKFORCE DEVELOPMENT BOARD AND A WORKFORCE GOVERNING BOARD $ RECOMMFNIIATION: q It is recommended that th;; City Council authorize the Mayor Pro Tern and the City Manager to execute an Interioual Agreement with Tarrant County and the City of Arlington establishing a Workforce Development Area (WDA), covering all of Tarrant County and the cities therein, and creating a Local Z.Mforce Development Board (L.'ii 0B) and Workforce Governing Berard (WCB) to implement the agreement. DISCUSSION-, In 1993 the Texas Legislature enacted Senate Bill 642 providing local elected officials with the ootio n to create Local Workforce; Development Boards to serve as a governance structure to oversee the delivery of work orce training and serv;ces :..rough "one stop" service centers. House Bill 1 S6S enacted in May 1995, has creaxed a new entity, the Texas Workforce Commpssion, to operate an intea-:.ted wcric.rorce development system which will consolidate many job training, human serv°ces, and other employmend-related programs. Beginning �epternber 1, 1996,funding will Le provided through block grants to the Workforce Development Areas in which LWDB's have been cenifie~! and local plans have been approved by the governor. The minimum geogra,,-Ahic area of a t_WDFJ is at least one entire county. The area is known as a Workforce Development Area. On September 26, 1995, tha Fort Worth City Coun:'l gassed Resolution 2095 that supports the creation of a Local Workforce Development Board. The Cit v of Arlington, and Tarrant County also passed similar ,enoiutions. In order to facilitate the consolidation process of workforce development programs into a single Workforce Develops neat A, ,a operated by a Local Workforce Development Board and Workforce Governing Board, an Interlocal Agraa gent must be adopted by the governing bodies of the Cities of Arlingtoni and s=w Worth and Tarrant County. On January 9, 1996, the Chy Council was briefed on the proposed Interlocai Agreement, The City Council expressed concerns regarding the, Council's authority under the Agreement to be able to appoint an alternate on the Governing Board and that the allocation of resources considered popular--ion, poverty and unemployment. Both of these issues are addressed in the proposed Agreement that is attached to this M&C. In Article Ill, Sectior D, the City is allowed to appoint an alternate. In Article IYJ the resource allocation sentence was i-s-written to include population, poverty and un,�rnployrnent. City of Fbt Week 7'exas May and Council Communiceltion 02/2{)r"96 L2W11 P ,. of 2 SUBJECT INTERLOCAL AGREE MI EN i BETWEEN THE CITIES OF FORT WORTH AND ARL Iti"'TOO AND T�ARR,�aNT C+�E.1i�I Y ESTABLISHING ^A WORKFORCE DEVELOPMENT AREA,, A i..4 SAL WORKFORCE DEVELOPMENT BOARD AND A WORKFORCE 00VE-RNING BOARD FISCAL i t=ORMATiONJ!E¢dT'Ir-lCA.NON: The Fisc A Serviicos Director certifies that this agreement will have no material effect on City funds. B'-a Submitted for City Mamger'x i:'[TNfr A.CCOUNI L CENM--] A1+3fDLTI"PC MY SECRETARY office by: (to) APPROVED Raat�on Cuajarr3o 6140 9 CITE COUNCIL orighutiag Dep.3rttsteut Heaa: Ramon Guajardo l 's (from!